Mr. Kuldip Singh, J.: - Impugned in the present revision is the order dated 26.2.2010 (Annexure-P-3), passed by the learned Civil Judge (Junior Division), Khanna, whereby an application filed under Section 5 read with Section 14 of the Limitation Act for condonation of delay in filing the application under Order IX Rule 13 CPC for setting aside ex-parte judgment and decree dated 7.2.1996 was dismissed being timed barred. Also impugned is the order dated 31.10.2012, passed by the learned Additional District Judge, Ludhiana, whereby the appeal against the said order was also dismissed.

2. Undisputedly, a suit for possession by way of specific performance of land measuring 9 kanals 9 marlas, situated within the revenue estate of village Rattanheri, Tehsil Khanna, District Ludhiana, was filed against the present revisionist in the Court of the then Additional Senior Sub Judge, Khanna. It was averred in the said suit that defendant (revisionist herein) had agreed to sell the said land to the plaintiff (respondent herein) for Rs. 73,237/-, vide agreement to sell dated 14.6.1990. The sale deed was to be executed on or before 1.6.1991. It was further claimed that the sale deed was